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Please pay specific attention to any clause in bold. Please read it carefully and ask Us if you have any questions!

1. THE CONTRACT

1.1 These online terms and conditions of sale (“Contract”) apply to all items (“Items”) purchased via www.cirocoffeeboutique.co.za (“Website”) from Ciro Coffee Boutique, a brand of Ciro Full Service Beverage Company., a wholly owned subsidiary of National Brands Limited (“Ciro Coffee Boutique” or “We” or “Us”) whose registered office is at 30 Sloane Street, Bryanston, Johannesburg, South Africa.

1.2 The references to “Customer” and “You” refer to you being the individual person or juristic person who the items are marketed or supplied to by Ciro Coffee Boutique. You need to be 18 years or older to enter into this Contract or You must be assisted by Your legal guardian.

1.3 This Contract will apply to any Items bought via the Website and it will come into effect between You and Ciro Coffee Boutique when –

1.3.1 We have received Your order via the Website (“Order”);

1.3.2 We have received Your payment for the Items; and

1.3.3 We have accepted the Order by confirming Your Order and issuing You with an order confirmation (“Order Confirmation”) via email.

1.4 Once the above requirements have been met, there is a legally binding contract between the parties.

1.5 Please note that placing Your Order does not mean an acceptance of Your Order, it must first be confirmed by Ciro Coffee Boutique. All Orders are subject to availability of stock and receipt of payment.

1.6 The current Contract in place at the time of the Order will be the Contract applicable to Your Order. We reserve the right to vary or amend the terms of this Contract from time to time with regards to future Orders. You may request a free copy of the latest Contract from Ciro Coffee Boutique.

2. IMPORTANT TO NOTE: Prices, Discounts and Availability of Items

2.1 The prices of the Items are as per the prices displayed on the Website at the time of the Order. These prices exclude delivery charges. The amount to be paid for the Items and the delivery charges will be displayed on the Website when You Checkout and select Pay.

2.2 There will be a delivery threshold value meaning that if Your Order is above that value, You will qualify for free delivery. The delivery threshold value is currently R 950 including VAT and is subject to change.

2.3 All prices on the Website are inclusive of Value Added Tax (“VAT”) but exclusive of delivery charges.

2.4 The images of the Items on the Website are for illustrative purposes only and may differ from the actual Items.

2.5 The Items are subject to availability of stock. Items that are out of stock will be displayed along with an “out of stock” message on the Website. You will be asked if you would like to be notified once the item comes back into stock. If on receipt of the Order, the Items that You have ordered are not available in stock, Ciro Coffee Boutique will inform You as soon as possible.

2.6 Ciro Coffee Boutique reserves the right to change the prices of the Items on the Website from time to time without prior notice. While We will do our best to ensure the accuracy of the prices displayed, Ciro Coffee Boutique will not be liable for prices that are obviously incorrect. In this instance We will contact You to confirm whether you would still like to Order the Item at the correct price.

2.7 When Ciro Coffee Boutique is running a sale, discount-centric promotion or has included specific products in either the Featured Deals page or Starter Kits page, additional voucher codes cannot be redeemed against these products or deals as these products are already discounted.

Shop and select the Items You want to purchase by simply adding them to Your Cart

Step 3: Checkout

When You are finished shopping, select Checkout

Step 4: Order

If You are happy with Your Order and the amount, select Pay

Step 5: Pay

You will be redirected to the PayU payment service provider website to effect payment. Choose Your payment option and follow the steps to pay

Step 6: Confirmation of Order and Invoice

You will receive an Order Confirmation via email. Your copy of the tax invoice (“Invoice”) will be available on Your customer profile and the original Invoice will be inserted into the consignment with Your Items

Step 7: Delivery

Once Your Order is packed and ready for delivery, You will receive an email with the courier waybill (“Waybill”) details confirming Your address and a tracking number

Step 8: Enjoy Your Ciro Coffee Boutique purchase!

3.1 If you have made a mistake with Your Order, please contact Ciro Coffee Boutique within 1 business day at customerservice@cirocoffeeboutique.co.za. We cannot guarantee that Your Order can be changed but we will try our best to assist You.

4. PAYMENT OPTIONS

4.1 You will have the option to pay via EFT or Credit Card, via our payment service provider, PayU. Please see the payment service provider terms and conditions at https://www.payumoney.com/usertnc.html

5. DELIVERY OF YOUR CIRO COFFEE BOUTIQUE ITEMS

5.1 Once Your payment has been received and reflects in the bank account of Ciro Coffee Boutique, We will make arrangements to deliver Your Order.

5.2 Delivery will be made to Your selected physical / shipping address. Delivery times cannot be scheduled but Your item will be delivered during working days between 08:00 and 17:00. Deliveries cannot be made to postal addresses. If it is not possible to deliver to Your address, We will contact You to arrange for delivery at an alternative address.

5.3 Two attempts will be made to deliver Your Order. Should you fail, refuse or neglect to be available and accept the Order after 2 attempts, You may be liable for additional delivery charges or We may elect to cancel Your Order and We will refund You the full transaction value less delivery charges already incurred and a reasonable administrative charge.

5.4 On receipt of Your delivery, You must inspect the Items and be satisfied that the Items conform in all respects to the quality and quantity You ordered and are free from any defects. All Items are standard and not made-to-order. Once You have received Your Order, You will be asked to sign the courier Waybill and/or proof of delivery to confirm that the Items You have received are in good condition. Please note that Items may not be sent back with the courier. If the Items are not in good condition or if there are any queries please refer to the Returns terms of this Contract.

5.5 The Waybill or proof of delivery or Invoice (copy or original) signed by You or Your authorised representative and/or nominated agent, shall be proof that delivery was made to You. It will be up to You to dispute this proof. The original Invoice must be kept for purposes of the warranty.

5.6 Your Order should be delivered within 2 to 3 business days from confirmation of Your Order. Please note that this is only an estimate as to when the Order will be delivered. Ciro Coffee Boutique does not guarantee that the Order will be dispatched or delivered on any particular date and time, and You shall have no claim against Ciro Coffee Boutique in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any Orders.

6. OWNERSHIP AND RISK

6.1 All risk in and to all Items shall pass to You upon successful delivery.

6.2 Ownership in all Items sold and delivered shall remain vested in Ciro Coffee Boutique until the full purchase price has been paid.

7. COOLING OFF PERIOD – only if You are an Individual

7.1 In terms of the Electronic Communications and Transactions Act, if You are a natural person (meaning an individual and not a juristic person or a company), You are entitled to cancel Your Order for the Items purchased via the Website, without reason and without penalty, within 7 days of the Items having been delivered to You. To exercise Your cooling off right you must notify Us in writing at customerservice@cirocoffeeboutique.co.za within 7 days of delivery. This cooling off right does NOT apply to foodstuffs and beverages like Our coffee beans and coffee pods and only applies to equipment and accessory purchases.

7.2 If You elect to exercise this cooling off right, You will receive a full refund of the price paid by You for the Items within 30 days of the date of cancellation. You may be liable for the direct costs of returning the Items to Us, such as returning the Items via courier and/or shipping charges. You will also be liable for the direct costs incurred by Ciro Coffee Boutique in returning the Items to a third party affiliate supplier.

7.3 Should You elect to cancel in terms of this cooling off right, you undertake not to utilise the Items and return the Items in the original and unopened packaging.

8. RETURNS POLICY

8.1 All Returns must be logged on the Website under “Returns and Refunds” by filling in the required fields in the form or by calling us on 0861 40 40 41. We will then contact You to assist You with Your query. Once you have been contacted and the call has been logged, You will receive a confirmation email with a reference number for Your query.

What if the Items did not match Your Order?

8.2 If there has been a mistake and the Items do not match what You ordered, You are requested to notify Ciro Coffee Boutique as soon as possible after delivery and Ciro Coffee Boutique will arrange for the Items to be collected, at Ciro Coffee Boutique’s cost, and these Items must be returned to Ciro Coffee Boutique within 10 business days, after delivery.

8.3 Please note that if these Items are not in their original condition and repackaged in their original packaging, please inform the call centre agent and Ciro Coffee Boutique may be entitled in terms of the Consumer Protection Act (“CPA”) to charge a reasonable amount for use of the Items during the time they were in Your possession, any consumption or depletion of the Items, or for necessary restoration costs to render the Items fit for re-stocking.

What if the Items are Defective?

8.4 What does “Defective” mean? A defect means any material imperfection in the manufacture of the Items that renders the Items less acceptable than persons generally would be reasonably entitled to expect in the circumstances or any characteristic of the Items or components that renders the Items or components less useful, practicable or safe than persons generally would be reasonably entitled to expect in the circumstances. The Items must be reasonably suitable for the purposes for which they are generally intended; of good quality, in good working order and free of any defects; be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.

8.5 1 Year Warranty - all Items and accessories have a 1 year warranty against defects. If the Item is found to be Defective within 1 year of delivery, please inform the Ciro Coffee Boutique call centre agent as soon as possible. You will need Your Invoice number as well as the serial number/batch number of the Item to verify the date of purchase. Please note that, in terms of the Consumer Protection Act, this warranty may fall away if the Item has been altered contrary to instructions or after leaving the control of Ciro Coffee Boutique.

8.6 Up to 6 Months - if the Item is proven to be defective and the return has been approved within 6 months of delivery of the Item to You, You have the option of replacement of the Item, having Us repair the Item or You returning the Item and Us refunding You the price paid for the Item. Once approved, We will arrange for collection and delivery of the Item at Our cost.

8.7 After 6 Months up to 1 Year - If the Item is proven to be defective and the return has been approved after 6 months but within 1 year of delivery of the Item to You, Ciro Coffee Boutique, at its election, shall either replace or repair the Item. Once approved, We will arrange for collection and delivery of the Item at Our cost.

8.8 Any Items damaged due to power surges, black outs or lightning will not be exchanged under warranty.

8.9 Repairs Warranty – all new or reconditioned parts installed during any repair or maintenance work, and the labour required to install it, have a 3 month warranty from the date of installation. This repairs warranty is concurrent with the 1 year warranty. The repairs warranty will be void if You have subjected the part, or the Items in which it was installed, to misuse or abuse; and it does not apply to ordinary wear and tear, having regard to the circumstances in which the Items are intended to ordinarily be used. If Items are repaired by Ciro Coffee Boutique and within 3 months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, Ciro Coffee Boutique will either replace the Item or refund to You the price paid for the Item.

8.10 Repairs & Maintenance – not defective but damaged due to the Your fault or if out of warranty – You will be charged delivery charges for Us to collect and deliver the Items for repairs and maintenance. Please ensure the repairs and maintenance for these Items are paid for within 30 days after the repairs or maintenance have been completed. If not, You hereby agree that any Item returned for a repair or maintenance may be sold by Ciro Coffee Boutique to defray the cost of such repair or maintenance if the Item remains uncollected for a period of 30 days after the repairs or maintenance have been completed.

8.11 Approved Refunds – for approved refunds to You where the Invoice amount is less than the delivery threshold value - the full Invoice amount including delivery charges will be refunded. Where the Invoice amount is more than the delivery threshold value - the Invoice amount less delivery charges will be refunded. If You paid using an EFT, once the refund has been approved by Ciro Coffee Boutique, You will be required to submit proof of banking details and complete a Ciro Coffee Boutique Vendor form. Payment will take up to 5 working days from submission of the Ciro Coffee Boutique Vendor form - this is in order to verify and protect Your banking details. Please note that any approved refunds will be paid into the bank account that the original payment was received from.

9.2 In the event of either party committing a breach of this Contract and failing to remedy such breach within 5 business days of receipt of a written notice to this effect from the other party then the aggrieved party shall be entitled to, without prejudice to any of its other rights in law, claim specific performance or cancel this Contract forthwith upon written notice to the defaulting party, without prejudice to its right to recover any amounts that may be due to it in terms of this Contract and any loss or damage suffered as a consequence of the breach or the cancellation of this Contract.

10. WAIVER AND INDEMNITY

10.1 To the extent permitted by law, Ciro Coffee Boutique shall not be liable to You nor to any third party for any loss, claim, damage, injury or death of whatsoever nature (including consequential or incidental loss), howsoever arising including but not limited to relating to the information provided on the Website and/or the Items purchased, unless such loss, claim, damage, injury or death arises from gross negligence on the part of Ciro Coffee Boutique.

11. OTHER LEGAL MATTERS

11.1 This Contract shall be governed and construed under and in accordance with the laws of the Republic of South Africa.

11.2 The physical address provided by You when registering Your account on the Website shall be Your domicilium address for all purposes in terms of this Contract for giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from this Contract. Ciro Coffee Boutique chooses its domicilium address as 30 Sloane Street, Bryanston, Johannesburg, South Africa.

11.3 A notice in terms of this Contract shall be presumed to have been duly given, if delivered by hand, on the date of delivery: if sent by post, 7 days after posting, if sent by fax, on the day that the fax is transmitted, if sent by email, the date of the “Delivery Receipt” notification. All email communications between You and Us must make use of the “Delivery Receipt” function to serve as proof that an email has been received.

12. GENERAL

12.1 This Contract represents the entire agreement between Ciro Coffee Boutique and You.

12.2 The terms of this Contract supersede all previous agreements between the parties.

12.3 No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of this Contract, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a director of Ciro Coffee Boutique.

12.4 For purposes of this Contract a "written document" or “writing” shall exclude any written document that is in the form, either wholly or partly, of a data message as defined in the Electronic Communications and Transactions Act 25 of 2002, and “signed” shall mean a signature executed by hand with a pen and without any electronic process or intervention.

12.5 No relaxation or indulgence granted to You shall prejudice or be deemed to be a waiver of any Ciro Coffee Boutique’s rights in terms of this Contract.

12.7 Ciro Coffee Boutique shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of this Contract to any third party upon notice to You. Should such cession of rights be to the detriment of You, Your permission shall be obtained.

12.8 Each of the terms herein shall be separate and divisible and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms.

13. PROTECTION OF PERSONAL INFORMATION

13.1 You understand that Your personal information given to Ciro Coffee Boutique is to be used in order to perform in terms of this Contract. You confirm that the information given to Ciro Coffee Boutique is accurate and complete. You further agree to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which Ciro Coffee Boutique will not be liable for inaccuracies.

13.2 Ciro Coffee Boutique will not use Your personal information for any purpose (other than as stated above) without Your express consent. Ciro Coffee Boutique will not use or disclose Your personal information to third parties without Your consent, unless the use or disclosure is -

13.2.1 required to carry out the performance of this Contract or any other agreement between the parties;

13.2.2 required in order to comply with applicable law, order of court or legal process; and/or disclosure is necessary to protect and defend the legitimate interests of Ciro Coffee Boutique.

14. CIRO COFFEE BOUTIQUE PROMOTIONS AND/OR SALES

14.1. Ciro Coffee Boutique’s promotions and/or sales (“Promotions”) are conducted by Ciro Coffee Boutique, a brand of Ciro Full Service Coffee Co., a division of National Brands Limited (“Ciro Coffee Boutique”) and are subject to these terms and conditions (unless indicated otherwise by Ciro Coffee Boutique).

14.2. The Promotion is valid for the period indicated in the communication sent to you by Ciro Coffee Boutique (“Promotions Communication”) and is limited to while stocks last or the number of customers indicated in the Promotions Communication.

14.3. The Promotion is available online via the Ciro Coffee Boutique website (www.cirocoffeeboutique.co.za) during the period of the Promotion.

14.4. The Promotion only applies to the items indicated in the Promotions Communications, unless otherwise indicated by Ciro Coffee Boutique, in writing.

14.5. The specific terms of the Promotion are set out in the Promotions Communication.

14.6. The Promotion is applicable to the marked prices of the applicable items. The Promotion does not apply to merchandise that has already been discounted or is subject to another promotion. The Promotion is not applicable if in conjunction with any other special offer, promotion, discount, voucher or coupon.

14.7. The purchase price of the merchandise purchased on Promotion will be the amount actually paid for the merchandise, being the discounted price as per the discounted value set out on the invoice. Discounts are permitted for products only and not on delivery fee.

14.8. The benefit of the Promotion cannot be exchanged for cash or for vouchers of any kind whatsoever.

14.9. Ciro Coffee Boutique reserves the right to extend, reasonably shorten, suspend the time period of the Promotion and/or terminate the Promotion whenever it should so choose for technical, commercial or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within its sole discretion. The Promotion and any rules, terms and/or conditions in respect thereof may be amended by Ciro Coffee Boutique, at any time during the Promotion and will be applied and interpreted within its sole discretion. In such an event, all customers participating in the Promotion (“Participants”) waive any rights that they may have and/or purport to have in terms of this Promotion and acknowledge that they will have no recourse against Ciro Coffee Boutique whatsoever.

Please pay specific attention to the following terms! Please note that these terms require you to take on liability, limit the liability or indemnify Ciro Coffee Boutique. Please read them carefully and ask if you have any questions!

14.10. To the extent permitted by law, Ciro Coffee Boutique will not be liable for any defects and/or errors in the Promotion or any losses caused by such defects and/or errors or losses arising from incorrect or inaccurate information supplied by Participants.

14.11. To the extent permitted by law, all Participants indemnify Ciro Coffee Boutique, their associated, holding and subsidiary companies and its directors, officers and employees, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever from their participation in the Promotion.